Lackey v. South Shore Roofing, Inc. (18-cv-11198).

Since 2010, plaintiff Ronald Lackey has owned and run a company under the names “South Shore Roofing” and “South Shore Roofing and Siding.” He filed a business certificate for “South Shore Roofing & Siding” in 2011 in Cohasset. He also owns the websites www.southshoreroofing.com and www.southshore roofers.com. In March, 2016, he filed for trademark registration on “South Shore Roofing.” At or around the same time, the defendant changed its corporate name from CS MASS LOGISTICS, INC. to “South Shore Roofing, Inc.,” and it registered this name with the commonwealth of Massachusetts. Plaintiff’s application was placed on the Supplemental Register. Lackey alleges that he has lost business due to customer confusion regarding defendant’s business name, and asserts federal and state claims of trademark infringement, dilution (although no particular facts are pled to suggest that the mark is famous), violation of M.G.L. c. 93A, and violation of M.G. L. c. 110H § 13, which prohibits the unauthorized counterfeiting of a Massachusetts-registered trademark (although the complaint does not specifically allege a Massachusetts registration). The case is before Magistrate Judge Boal.

About this blog…

The D. Mass. IP Litigation Blog will monitor the U.S. District Court for Massachusetts, with a special interest on patent, trademark, trade secret, antitrust, and copyright litigation. Since the Supreme Court’s TC Heartland decision, we have seen an increase in intellectual property filings in D. Mass. due to the high concentration of technology and life sciences companies in the Commonwealth and because of the Court’s ability to handle complex, accelerated matters. We plan on providing our readers with timely insights on recent cases.